Norton v. Bohart
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. J. M. Davis, Judge. (1) If the money sued for was paid in pursuance of the contract set forth in defendant’s answer, the plaintiff cannot recover on averments which ignore and contradict the contract. The petition should have set it forth truly, and pleaded such facts as would have entitled plaintiff to recover notwithstanding the contract. Christy v. Price, 7 Mo. 430 ; Fruin v. Railroad, 89 Mo. 397; Mill Co. v. Brundage, 25 Mo.
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Appeal from Caldwell Circuit Court. — Hon. J. M. Davis, Judge. (1) If the money sued for was paid in pursuance of the contract set forth in defendant’s answer, the plaintiff cannot recover on averments which ignore and contradict the contract. The petition should have set it forth truly, and pleaded such facts as would have entitled plaintiff to recover notwithstanding the contract. Christy v. Price, 7 Mo. 430 ; Fruin v. Railroad, 89 Mo. 397; Mill Co. v. Brundage, 25 Mo. App. 268; State to use v. Samuels, 28 Mo. App. 649; Treadway v. Johnson, 33 Mo. App. 122. (2) If the money sued for was…
1Opinion of the CourtThomas, J.
The petition of plaintiff is as follows : “Plaintiff states that he is the surviving partner of the late firm of Guthrie & Norton,"a private banking corporation organized under the laws of the state of Missouri, composed of plaintiff and Addison T, Guthrie, and that said Guthrie departed this life about the twenty-seventh day of July, 1883. The plaintiff, at the August term, 1883, of the probate court of Platte county, state of Missouri, was regularly qualified as the administrator of the partnership estate under the laws of this state, and as such, and as surviving partner as aforesaid, has…
2Cases cited10 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Wheadon v. OldsNew York Supreme Court · 1838
- Rollins v. ClaybrookSupreme Court of Missouri · 1856
- Briggs v. MunchonSupreme Court of Missouri · 1874
- Koontz v. Central National BankSupreme Court of Missouri · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- Cobb v. DaySupreme Court of Missouri · 1891
- Benn v. PritchettSupreme Court of Missouri · 1901
- Hethcock v. Crawford CountySupreme Court of Missouri · 1906
- Picotte v. MillsMissouri Court of Appeals · 1918
12 more not listed; retrieve them via the Exa API.